Overton County settles ADA violation allegations regarding hearing impairments

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Robert E. McGuire, U.S. Attorney | U.S. Attorney's Office for the Middle District of Tennessee

Overton County settles ADA violation allegations regarding hearing impairments

The United States has reached a settlement with Overton County, Tennessee, to address allegations of violations of the Americans with Disabilities Act (ADA). The agreement was announced by Acting United States Attorney Robert E. McGuire for the Middle District of Tennessee. The county faced accusations of ignoring requests for hearing assistance during public meetings.

Complainants alleged that they requested auxiliary aids and services for hearing assistance at various county public meetings, including Budget Committee and legislative body meetings. They claimed they could not hear during these meetings and informed the county about their difficulties. Allegedly, Overton County ignored these requests, refused to use microphones in meeting spaces, and suggested that complainants sit closer if they had hearing issues. A proposal by a county commissioner to provide audio/listening equipment upgrades was reportedly rejected by the county.

Under the settlement terms, Overton County agrees that providing auxiliary aids and services does not fundamentally alter public meetings or constitute an undue burden. The county will upgrade audio systems in its Chancery courtroom where legislative meetings are held and install assistive listening systems in spaces used for public business. Additionally, it will assess other spaces for microphone upgrades to ensure full participation of individuals with disabilities in public proceedings. A process will be implemented allowing individuals with qualifying disabilities to request necessary modifications or aids.

Assistant United States Attorney Ellen Bowden McIntyre investigated the complaint and negotiated the settlement agreement on behalf of the U.S. Attorney’s Office for the Middle District of Tennessee. Overton County collaborated with this office to resolve the complaint.

It is important to note that these civil claims are allegations only, with no determination of liability made.

The ADA was enacted on July 26, 1990, affirming the nation's commitment to ensuring people with disabilities can live and participate fully alongside others in their communities.

For more information about the ADA, resources are available through a toll-free line at (800) 514-0301 or (800) 514-0383 (TTY), via the ADA website at http://www.ada.gov, or through contacting the U.S. Attorney’s civil rights hotline at 313-226-9151. ADA complaints may also be filed via email at ada.complaint@usdoj.gov.